How To Claim Divorce From Husband On Grounds Of Cruelty?

I filed 498a case in the women police station as my husband is harassing me and he is a drunkard. He used to treat me very badly and I need divorce fastly as we are separately living from past 2 years what case should I file for a fast divorce?

Answer (1)

Mohim Roy

  • Sector-1, Noida

The Hindu Marriage Act, 1955 has given the legal provision for divorce on the basis of cruelty under section – 13(1) (ia) as follows:

“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”.

On basis of this section, we can explain this legal basis for the divorce as anybody who is getting suffer from the other party in a physical manner or mental torture or any other type of harassment then the other can reach to the court with this base and claim for the divorce. And there are various cases where courts held that the intention to be cruel is not an essential element of cruelty as envisaged under this section.

Hire a divorce advocate in India to file your divorce case.

Answered on 21 Oct 2019


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